The Assessor will disregard a gift and treat the decedent as the owner of the property where a gift has not been completed, incidents of ownership were retained by the decedent or where the gift otherwise would be disregarded under the Code, federal regulations, or IRS procedure or policy. In addition, where the decedent, within one year prior to the date of death, made taxable gifts as defined under the Code, the value of those taxable gifts will be included in the decedent's estate in accordance with 36 M.R.S. §4102. The value of taxable gifts is determined by the Assessor in accordance with the Code.
18-125 C.M.R. ch. 603, § .05